III: Paper-I : Jurisprudence

Subject introduction

Jurisprudence: This foundational subject delves into the philosophical, analytical, historical, and sociological underpinnings of legal systems. It investigates the true nature, function, and purpose of law, alongside theories of sovereignty, justice, and rights. Students examine essential legal concepts such as ownership, possession, liability, sources of law (legislation, precedent, and custom), and the mechanics of civil and criminal justice.

Syllabus

PAPER - I

JURISPRUDENCE

• Unit-I: General and Particular Jurisprudence, Meaning and Definition of Jurisprudence, Elements of Ancient Indian Jurisprudence, Schools of Jurisprudence - Analytical, Historical, Philosophical and Sociological Schools of Jurisprudence, Theories of Law, Meaning and Definition of Law, The Nature and Function of Law, The Purpose of Law, The Classification of Law, Equity, Law and Justice, Theory of Sovereignty.

• Unit-II: Sources of Law - Legal and Historical Sources, Legislation - Definition of legislation, Classification of legislation - Supreme and Subordinate Legislation - Direct and Indirect Legislation, Principles of Statutory Interpretation, Precedent - Definition of Precedent, Kinds of Precedent - Stare Decisis, Original and Declaratory Precedents, Authoritative and Persuasive Precedents, Custom - Definition of Custom, Kinds of Custom - General and Local Custom, Custom and Prescription, Requisites of a valid custom, Relative merits and demerits of Legislation, Precedent and Custom as a source of Law, Codification - Advantages and disadvantages of codification.

• Unit-III: Persons - Nature of personality, Legal Persons, Legal Status of Lower Animals, Dead Persons and Unborn persons, Corporations - Purpose of Incorporation, Nature of Corporate Personality, Rights and Duties - Definition of Right, Classification of Rights and Duties - Absolute and Relative Rights and Duties, Rights and Cognate concepts like Liberty, Power, Immunity, Privilege etc.

• Unit-IV: Obligation - Nature of Obligation - Obligation arising out of Contract, Quasi Contract, trust and breach of obligation etc., Liability - Nature and kinds of liability, Acts, Mens Rea, Intention and Motive, Relevance of Motive, Negligence, Strict Liability, Accident, Vicarious Liability, Civil and Criminal Liability.

• Unit-V: Ownership - Definition and kinds of Ownership, Possession - Elements of Possession, Relation between Ownership and Possession, Possessory Remedies, Property - Meaning, Kinds of Property, Modes of Acquisition of Property, Legal Sanctions - Meaning of Sanction, Classification of Sanctions, Civil and Criminal Justice, Concept of Justice, Theories regarding purpose of Criminal Justice - Deterrent, Preventive, Reformative and Retributive theories.

• Suggested Readings:

  1. Salmond: Jurisprudence, Universal Publishers.

  2. Paton: Jurisprudence.

  3. Allen: Law in the Making, Universal Publishers.

  4. Mahajan V.D.: Legal Theory and Jurisprudence, Eastern Book Company, Lucknow.

  5. Dias: Jurisprudence, Aditya Books.

  6. Rama Jois, Legal and Constitutional History of India, Universal Law Publications, New Delhi.

  7. G.C.V.Subba Rao, Jurisprudence and Legal Theory, Eastern Book Company.

Unit-wise notes

Quick Reference

Important Acts and sections

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